With the ever-increasing mobility of people owing to globalisation and their desire to seek better

living standards, education, or job opportunities, the application of Private International Law in
the matters of family disputes is not uncommon. Private International Law, which can also be
referred to as, ‘Conflict of Laws’ is the body of rules, regulations, and theories that addresses
legal cases between the individuals or constituents of two sovereign states, thereby reaching
beyond the borders of a nation. When it comes to family disputes, the Private International Law
can be applied in various situations such as child abduction, parental kidnapping, international
child support problems, registration of cross-culture marriages, dual citizenship issues,
matrimonial disputes such as divorce or judicial separation.1 The present article focuses on the
topic of ‘Divorce’ and attempts to analyse the current international jurisprudence on the matter. It
also aims at looking over various Indian judgments and identifying the loopholes in the current
legislation which are required to be remedied. For deciphering the application of the Private
International Laws on the matters of divorce, it is essential to identify the main issues that are the
subjects of confusion. The
first issue is the Multiplicity of the Forums, wherein two or more nations can decide upon the
same matter. The second issue arises with respect to the recognition of a divorce decree in a State
which is different from the one which passed such a decree. At this juncture, it would be
pertinent to delve into these issues in detail.
The institution of marriage gives rise to obligations, conjugal relations and certain rights between
the spouses and this is the reason why law seeks the discharge of those marital obligations. In
India, conjugal right is believed to be inherent in the very institution of marriage and not a mere
creation of statute. But in cases where foreign element, i.e., Private International Law, is
involved, then for the purpose of resolution of Conflict of laws, the Courts resort to the
Principles of Comity or Courtesy and in some cases, the Courts also use the principle of
reciprocity.

1
Habibi Fahnrich v. Fahnrich, 1995 WL 507388, N.Y. Sup. (unreported).